Inequality Inquiry
Shorter Form Content from the Minnesota Journal of Law & Inequality
The Long Scalpel of the Law: How United States Prisons Continue to Practice Eugenics Through Forced Sterilization
June 7, 2021
Brenna Evans* The modern discussion of reproductive rights—especially surrounding women’s reproductive rights—often focuses on the idea of the right not to reproduce, such as the right to abortion or the right to birth control.[1] However, one topic that seems to be left out of discussion is that of people who have had their ability to…
Continue ReadingWho’s Benefiting from Attorney General Settlement Agreements?
June 3, 2021
Anna Berglund* Lately, when we read about state Attorneys General (AGs) in the news, we hear about them suing battleground states to try to overturn election results[1] or suing the Trump administration 138 times—almost double the number of times the Obama and Bush administrations were sued—over various policies.[2] Although state AGs are increasingly ramping…
Continue ReadingConstitutional Avenues for Challenging Social Media Monitoring by Law Enforcement
May 25, 2021
Stephen Earnest* Introduction Most Americans use social media on a regular basis.[1] Indeed, according to a recent report from the Global World Index, the average American allocates more than two hours a day to social media interaction, and that number appears to be increasing.[2] It should then come as no surprise that law enforcement agencies…
Continue ReadingEnvironmental [in]Justice: Why Executive Order 12898 Falls Short in Creating Environmental Equity for Vulnerable Communities
May 18, 2021
View/Download PDF Version Sam Brower† “[I]t’s become achingly apparent that well before Trump, those who purported to champion environmental justice—primarily Democratic legislators and presidents—did little to codify the progress and programs related to it, even when they were best positioned politically to do so.”[1] Introduction “It’s not if it breaks, it’s when it breaks.”[2] These…
Continue ReadingThe Injustice of Inconsistency: Language Access in Judicial Proceedings
April 25, 2021
Rachel Pokrzywinski Judicial proceedings are often stressful. The stress is only compounded for an individual who must navigate the complex legal system in a language they are not proficient in. To ensure that these individuals receive adequate guidance and representation, federal law requires that, in all federal judicial proceedings, certified language interpreters must be provided…
Continue ReadingPPP Loans: A Plethora of Profits Program for the Big, A Penny-Pinching Peril for the Small
“The PPP loan program has undoubtedly helped businesses across America. However, in times of global panic, this country needs to come together and help those most in need, and that is not what the PPP loan program is doing today.”
Continue ReadingJLI’s Statement Regarding Chauvin Verdict and the Ongoing Fight for Racial Justice
April 21, 2021
Gabrielle Maginn, Heather Chang, Navin Ramalingam, and the JLI Editorial Board Yesterday, twelve jurors found Derek Chauvin, a White former Minneapolis police officer, guilty on all counts—third-degree murder, second-degree unintentional murder, and second-degree manslaughter—for killing George Perry Floyd, Jr., on May 25, 2020. This was an extraordinary case, bolstered by the bravery of the witnesses…
Continue ReadingThis Week in News: Responses to the Killing of Daunte Wright
April 15, 2021
As part of JLI’s response to Daunte Wright’s killing by a Brooklyn Center police officer on Sunday, April 11th, Inequality Inquiry has compiled relevant news and legal-adjacent updates from the Twin Cities metro area.
Continue ReadingJLI’s Statement on Brooklyn Center Police’s Killing of Daunte Wright
April 14, 2021
Gabrielle Maginn, Hannah Stephan, and the JLI Editorial Board Black Lives Matter. Daunte Wright was a father, a son, and a member of our Twin Cities community. On April 11th, 2021, a White Brooklyn Center police officer killed Daunte, a Black man. The loss of the life of our 20-year-old neighbor is a tragedy. The…
Continue ReadingThe History of Anti-Asian Discrimination, Racism, and Xenophobia – Interview with Prof. Linus Chan
April 5, 2021
In light of the recent spike in anti-Asian violence associated with the COVID-19 pandemic, Vol. 40’s Rachel Pokrzywinski (Executive Editor) and Heather Chang (Editor-in-Chief) met with University of Minnesota Law School Professor Linus Chan to discuss the origins of violence against Asian people in the United States, the role of hate crime legislation,…
Continue ReadingHow We Got Here: Race, Police Use of Force, and the Road to George Floyd
April 1, 2021
Long before the killing of George Floyd, the United States has struggled to mitigate racially arbitrary use of force by the police. This article seeks to explain how we got to the killing of George Floyd. This article contends that that the law—especially the decisions of the Supreme Court and political choices made by politicians—has helped to enable the relatively unchecked use of force against people of color.
Continue Reading“How Are We Supposed to Move Forward with THIS Police Force After This?”: The Stalled Reform Movement in Minneapolis
March 26, 2021
Gabrielle Maginn* On May 25, 2020, George Floyd was killed by Minneapolis Police Officer Derek Chauvin. The horrifying incident, in which Floyd calls out for his mother and tells Chauvin and the other officers present that he can’t breathe, was caught on camera and broadcast widely. In the days and weeks that followed, residents of…
Continue ReadingWhere There’s Not a Will, There’s a Way: What We Can Learn From Same-Sex Adult Adoption
March 24, 2021
Sharon Maher[1] Like many same-sex couples hearing about the landmark decision in Obergefell v. Hodges,[2] Bill Novak and Norman MacArthur were excited to finally marry each other. But unlike most couples, Novak and MacArthur still had one more legal hurdle in the way of their union: they were legally father and son.[3] In 2000, after…
Continue ReadingThe $2 Billion-Plus Price of Injustice: A Methodological Map for Police Reform in the George Floyd Era
March 22, 2021
View/Download PDF Version David Schultz† Introduction The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority…
Continue ReadingRefunding the Community: What Defunding MPD Means and Why It Is Urgent and Realistic
March 18, 2021
We hope this scholarship will help Minnesotans better understand police brutality against Black Americans and people of color, and the need for urgent changes in the way Minneapolis is policed.
Continue ReadingDoes Minnesota’s Third-Party Visitation Rights Statute Apply to Unmarried, Same-Sex Couples?
March 16, 2021
A survey of the past, present and possible future of visitation rights for unmarried same-sex couples.
Continue ReadingDeadly Force: How George Floyd’s Killing Exposes Racial Inequities in Minnesota’s Felony-Murder Doctrine Among the Disenfranchised, the Powerful, and the Police
March 8, 2021
View/Download PDF Version Greg Egan[1] I. Equity in Peril: How Felony-Murder Charging Discretion and Widely Varying Punishments are Deployed Against White Defendants, Defendants of Color, and Peace Officers Minnesota’s second-degree felony-murder statute represents a unique and creative charging mechanism that affords wide discretion to prosecutors. This makes it ripe for inequitable application. It is the…
Continue ReadingVolume 40 is Open for Submissions!
February 17, 2021
Do you have an idea for an article everyone should read? Maybe this is the time to write it! The Minnesota Journal of Law & Inequality is now accepting submissions for its 2021-2022 Volume 40.
Continue ReadingA Supreme Court unto Himself: The Disastrous Effects of the Attorney General’s Self-Certification Power on Immigration
February 13, 2021
The Attorney General has the power under 8 U.S.C. § 1103(g)(2) and 8 C.F.R. § 1003.1(h)(1) to overturn BIA decisions, as well as circuit court precedent, on nearly any immigration case they see fit. This expansive power was given to the Attorney General long ago, when most immigration functions were housed under the Department of Justice. Now that immigrations functions are spread across a range of entities at the federal level, the status quo is problematic. This article examines the Attorney General’s power to self-certify cases to themself, the problems it raises in terms of rationale, due process violations for asylum candidates such as L-E-A-, and larger constitutional issues.
Continue ReadingParking While Poor: The Disparate Impact of Municipal Fines During the COVID-19 Pandemic
February 11, 2021
The city of Minneapolis may be inadvertently spreading COVID-19 through its current vehicle ticketing and towing policies, with a disproportionate impact on low-income residents.
Continue ReadingThe Burying of Boumediene v. Bush
Kevin Thomson* At the University of Minnesota Law School in 2018, Chief Justice John Roberts declared that the court “erred greatly” when it gave into political pressure and upheld the internment of Japanese Americans in the “shameful” decision Korematsu v. United States. The Court is at its best, said the Chief Justice, when it stands…
Continue ReadingHow Family Law Court Exacerbates the Effects of Domestic Violence
February 2, 2021
Kendra Saathoff* In family law court, custody proceedings can be made difficult by a history of domestic violence between the parents. Ultimately, judges’ interpretation of demeanor influences their fact finding and can lead them to determining domestic violence has not occurred when it has, or that it is not relevant to their determination of custody.…
Continue ReadingCovid-19 in Prisons: Human Rights Violations and Inmate Exploitation
January 29, 2021
Heather Chang* The outbreak of the Covid-19 pandemic in the Spring of 2020 required unprecedent changes. While business and individuals have adapted their policies and behaviors to reflect health and safety recommendations, the prison system remains rigid and dangerous. As of January 12, 2021, The Marshall Project reports that at least 343,008 prisoners tested positive…
Continue ReadingLocking the Door to the Country on the Way Out: The Trump Administration’s Final Attempt to Eliminate Protections for Asylum Seekers
January 22, 2021
Only weeks before the expiration of the Trump presidency, his Administration sought to create an alarming regulation that opponents have called “the death knell” to asylum law and protections for vulnerable migrants. Check out this post from staff member Katie McCoy, as she outlines the proposed rule and the situation that the Biden-Harris Administration inherits.
Continue ReadingMinimum Wage and the Tipping Culture Divide
January 18, 2021
Annali Cler* On November 3rd, voters flocked to the polls, and election results gripped the nation for the following week. Although the presidential race captured headlines, another important vote occurred that day. In Florida, voters approved an amendment to the state’s minimum wage. Florida’s minimum wage for non-tipped employees will increase to $15 by 2026,…
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